Assignment 1 answer
BUSI 393 - ASSIGNMENT #1
ANSWER GUIDE QUESTION 1: 10 MARKS
Review with Mike any legal issues he may use to defend the claim brought by Grace.
Can Grace bring her action against Mike in Small Claims Court?
The law is that an action can only be commence in Small Claims Court in B.C. where there is a civil action and the remedy sought is damages of less than or equal to $25,000.
Mike could argue that since Grace is suing for $75,000 she must commence the action against him in the Supreme Court of B.C. and not in Small Claims Court.
Can Grace base her claim on the Charter of Rights and Freedoms?
The Charter of Rights and Freedoms applies only to Government and Government action or decision making. It prevents the government from creating laws or taking action that would be contrary to the rights guaranteed in the Charter.
In this case because the action by Grace involves an interpersonal relationship between an employer and an employee, the Charter would not apply. She would have to base her arguments on the appropriate section(s) of the Human Rights Code.
It seems that Mike's defences under these two grounds would be successful. He may be able to stall the action brought by Grace but perhaps not eliminate it. She will have to begin her action in B.C. Supreme Court for breach of the Human Rights Code (not the Charter of Rights and Freedoms)
QUESTION 2: 15 MARKS
a) Assess any legal rights that Meghan and Duncan may have against Neil (10 marks)
Issue: Do Neil and Meghan have a contract?
Law and Application:
In order for there to be a contract there must be intent, offer, acceptance and consideration. The onus will be on Meghan to prove that she has a contract with Neil.
In commerce generally, the element of intent is presumed to exist. It seems that Neil and Meghan are dealing at arm's length and that intent would likely be presumed to exist.
An offer is a proposal plus intent. The offer must have clarity on the parties, the object and the exchange. The facts tells us
ANSWER GUIDE QUESTION 1: 10 MARKS
Review with Mike any legal issues he may use to defend the claim brought by Grace.
Can Grace bring her action against Mike in Small Claims Court?
The law is that an action can only be commence in Small Claims Court in B.C. where there is a civil action and the remedy sought is damages of less than or equal to $25,000.
Mike could argue that since Grace is suing for $75,000 she must commence the action against him in the Supreme Court of B.C. and not in Small Claims Court.
Can Grace base her claim on the Charter of Rights and Freedoms?
The Charter of Rights and Freedoms applies only to Government and Government action or decision making. It prevents the government from creating laws or taking action that would be contrary to the rights guaranteed in the Charter.
In this case because the action by Grace involves an interpersonal relationship between an employer and an employee, the Charter would not apply. She would have to base her arguments on the appropriate section(s) of the Human Rights Code.
It seems that Mike's defences under these two grounds would be successful. He may be able to stall the action brought by Grace but perhaps not eliminate it. She will have to begin her action in B.C. Supreme Court for breach of the Human Rights Code (not the Charter of Rights and Freedoms)
QUESTION 2: 15 MARKS
a) Assess any legal rights that Meghan and Duncan may have against Neil (10 marks)
Issue: Do Neil and Meghan have a contract?
Law and Application:
In order for there to be a contract there must be intent, offer, acceptance and consideration. The onus will be on Meghan to prove that she has a contract with Neil.
In commerce generally, the element of intent is presumed to exist. It seems that Neil and Meghan are dealing at arm's length and that intent would likely be presumed to exist.
An offer is a proposal plus intent. The offer must have clarity on the parties, the object and the exchange. The facts tells us